Thursday, February 17, 2011

Are You Over 16 and a CAS is trying to get involved in your life?

John Dunn has been informed that a CAS is attempting to wear down a parent to give services to her sixteen year old child against the child's wishes despite legislation stating they require a court order to do so if the sixteen year old does not consent to services being provided to him/her.



A sample letter sent from Dunn to the youth is shown below for anyone else in a similar situation

CAS
Address


Date



Worker Name
,

Your agency has been attempting to provide services to me, a sixteen year old youth, against my wishes. SubSection 27. (1) of the
Child and Family Services Act says that a Society (a "Service Provider" as defined in section 3 of the Act) may provide a service to a person who is sixteen years of age or older, only with the person's consent unless a court orders under the CFSA that the service be provided to me. (I have provided the relevant sections of the CFSA below)

I am again clarifying to you and to the Society, that as a sixteen year old girl, I do not consent to the Society providing me with services. My physical, sexual, and emotional well being is perfectly fine and there is no risk of either of them being at risk in the future.


Sincerely,


Youth's Name here





Consent to service
Consent to service: person over sixteen
27.  (1)  A service provider may provide a service to a person who is sixteen years of age or older only with the person’s consent, except where the court orders under this Act that the service be provided to the person. R.S.O. 1990, c. C.11, s. 27 (1).

Section 3 of the CFSA says that a "Service Provider" is a CAS as well.

“service provider” means,
(a) the Minister,
(b) an approved agency,
(c) a society,
(d) a licensee, or
(e) a person who provides an approved service or provides a service purchased by the Minister or an approved agency,
but does not include a foster parent; (“fournisseur de services”)
Definitions
“society” means an approved agency designated as a children’s aid society under subsection 15 (2) of Part I (Flexible Services); (“société”)